James Frederick Henry O'Brien
Details
Following a review of the operating licence undertaken against James Frederick Henry O’Brien t/a Nudgers and Pleasureland (“the Licensee”) the Commission found that the Licensee:
- failed to comply with Social Responsibility Code Provision (“SRCP”) 3.5.6 – Multi-operator non-remote SR Code
- failed to comply with paragraph 2 of SRCP 6.1.1 – Complaints and disputes
- failed to comply with paragraph 6 of SRCP 6.1.1 – Complaints and disputes.
In line with the Commission’s Licensing, compliance and enforcement policy statement, the Indicative sanctions guidance and the Statement of principles for determining financial penalties, the Commission has decided to impose a financial penalty under section 121 of the Act. Given the circumstances of the investigation, Officials considered a financial penalty of £35,470 was an appropriate reflection to the seriousness of the failings. However, in line with paragraph 2.33 of Statement of principles for determining financial penalties the quantum was reduced to £5,470 based on non-affordability.
The Licensee co-operated with the Commission throughout the investigation and took corrective steps to address the identified failings.